November 19, 2020
No items found.

As President, Joe Biden Can Protect Workers

In a new blog post at the Institute for New Economic Thinking, professors David Michaels and Gregory Wagner lay out an 11-point overview of a longer policy paper that they believe president-elect Joe Biden can enact on day one in office to protect workers. Unsurprisingly, much of it revolves around the president directing OSHA to do what it is meant to do, protect American workers. As we’ve noted before, OSHA has largely vacated its responsibilities to oversee workplace safety, and failed to develop a comprehensive plan to address the specific issues of workplace safety during the pandemic. OSHA is currently being sued by a coalition of unions representing essential workers, including nurses and teachers.

As professors Michaels and Wagner point out, the pandemic has had a disproportionate impact on poorer people, especially minority workers, who are overrepresented in “essential” jobs, such as those in agriculture, public transportation, retail, warehousing, and health care. They are experiencing an increased burden from having to be in close contact with people on a daily basis often with insufficient health and safety regulations, such as a steady supply of PPE and social distancing measures. They are also unable to care for family, such as children who are in virtual school.

Many of these issues are ones that OSHA is supposed to address, but has not done so, despite skyrocketing complaints from workers all over the country. Therefore, one of the most obvious solutions for President Biden would be to instruct OSHA to increase its claims investigations and develop a robust policy for workplace safety as the coronavirus rages. Some of the more salient features of the professors’ proposal include:

  • Requiring all employers to develop and institute infection control protocols;
  • Increasing production and distribution of PPE for workers, potentially by invoking the Defense Production Act;
  • Upping the consequences for employer non-compliance;
  • Protecting whistleblowers who raise questions about workplace safety.

As a review of the proposal suggests, the president has wide latitude when it comes to interpreting, directing OSHA and similar departments toward specific policies, and enforcing those policies.


Variants Mean Parents Need More Help

January 28, 2022
No items found.
Although the current Omicron wave appears to be cresting in many parts of the country, the fact remains that there will likely be more waves in future months, many of which will deeply affect parents and other caregivers.

Sarah Palin dined indoors while unvaccinated— but what will the City do to the restaurant?

January 28, 2022
No items found.
The focus has been centered on Palin’s bizarre and abhorrent choice to expose those around her to the disease, but it bears examining the potential steps the City might take against the restaurant’s owners, who allowed her to dine inside.

Mayor Adams to Continue NYC Vaccine Mandate

January 10, 2022
No items found.
There were questions about whether New York City’s new mayor, Eric Adams, who assumed office on New Year’s Day, would extend the vaccine mandate instituted by his predecessor, Bill De Blasio, but they have been answered in the affirmative, with Adams confirming during a weekday Covid presser that the private employer vaccine mandate would continue.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.